Search

Begin New Search Topic Reparations Political Geography Colombia

1. Advancing Victims’ Rights and Rebuilding Just Communities: Local Strategies for Achieving Reparation as a Part of Sustainable Development

Author:
The International Center for Transitional Justice (ICTJ)
Publication Date:
11-2023
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This comparative study examines strategies used by local actors to facilitate the operationalization of reparations for victims of widespread human rights violations, while highlighting the synergies between these efforts and sustainable development. The study is based on the fieldwork of ICTJ and its partners in four contexts—Colombia, The Gambia, Tunisia, and Uganda. These countries represent a range of different situations, where the progress made, challenges faced, and overall political and institutional contexts vary significantly. Nonetheless, comparison of the approaches used across the cases offers valuable insights for those working in these and other contexts. In The Gambia, the truth commission and legislation for reparations have created expectations among victims, but a program has yet to be implemented. In Uganda, the legal and policy framework for reparations exists, but there is no enabling legislation or mechanism to provide them as a result of stalled political will. In Tunisia, the truth commission recommended reparations, but the political and economic situation make operationalization unlikely. In Colombia, challenges faced by reparations have informed the design of restorative sanctions that include reparative projects but are yet to be implemented. The major insights gained from this comparative study relate to the specific ways in which reparations can contribute to individual and community well-being and development; innovative and effective approaches to ensuring victims and communities receive reparations and support, including through collective action, engagement with government, and grassroots initiatives; the integration of victims’ needs and priorities into development policies and models; and the reparative elements of complementary accountability and reform measures that are participatory, address corruption and marginalization, and contribute to gender justice and equality. The report offers practical guidance and policy recommendations for advancing reparations as an integral element of broader societal efforts to facilitate inclusion, justice, peace, and development.
Topic:
Human Rights, Sustainable Development Goals, Accountability, Reparations, and Truth and Reconciliation
Political Geography:
Uganda, Africa, Colombia, South America, Tunisia, and Gambia

2. Civil Society-Led Truth-Seeking Initiatives: Expanding Opportunities for Acknowledgment and Redress

Author:
Eduardo González Cueva, Jill Williams, and Félix Reátegui Carrillo
Publication Date:
04-2022
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This study reviews civil society-led truth-seeking initiatives in different regions of the world drawing on their experiences, methodologies, and contributions. It identifies lessons learned and best practices and presents practical options for activists considering similar endeavors. The report is inspired by and builds on the work of transitional justice practitioners, including at ICTJ, who deploy wide-ranging modalities to advance truth seeking, including oral history, artwork, theatrical productions, reenactments, museum exhibits, memorials, films, and documentation projects. The right to the truth is a fundamental component of redress for victims of massive human rights violations. Institutional silence, suppression of complaints, and refusal to acknowledge such violations further perpetuates them by protecting and enabling those responsible. In many contexts, government-supported truth commissions are not possible. Moreover, total reliance on state-sanctioned formats can result in one-size-fits-all approaches to truth seeking, devoid of creativity or potential. In the absence of political will, civil society actors have responded to demands for truth by devising and carrying out truth-seeking efforts independently, using a wide array of tools and methods. Civil society-led truth-seeking initiatives provide a practical channel by which communities can respond to demands for redress when the state fails to deliver on its obligations to protect victims’ rights. While truth-seeking initiatives can take many forms, they generally share three main objectives: (1) establish the facts about human rights violations that remain disputed or denied and validate different interpretations and analyses of those facts; (2) protect, acknowledge, and empower victims and survivors; and (3) inform public policy, promote institutional reform, and contribute to social and political transformation. Through an examination of case studies from the United States, Colombia, Scotland, and West Papua, the report highlights common considerations and procedural questions that civil society groups should consider when designing and implementing a truth-seeking mechanism. These considerations can help inspire and guide civil society actors as they lead truth-seeking efforts in the United States and around the world.
Topic:
Reform, Transitional Justice, Youth, Criminal Justice, Memory, Engagement, Reparations, Gender, Atrocity Prevention, and Truth and Reconciliation
Political Geography:
Europe, Asia, Colombia, South America, North America, and United States of America

3. Setting an Agenda for Sustainable Peace: Transitional Justice and Prevention in Colombia

Author:
María Cielo Linares
Publication Date:
07-2021
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This study examines the preventive impact of transitional justice mechanisms created in Colombia before the 2016 peace agreement, namely the 2005 Peace and Justice Law and the 2011 Victims and Land Restitution Law. It finds that transitional justice has contributed to prevention in a number of ways, including by: (1) improving institutional responses for victims of human rights violations and creating spaces for participation; (2) adding issues to the public agenda, such as those related to economic and political networks supporting armed groups and the need to address the plundering of land; (3) developing a culture of awareness and respect for human rights; and (4) strengthening leadership within victims’ communities and facilitating the reintegration of victims into public life. The report also concludes, however, that these transitional justice processes have not done all that they could to promote the structural social changes necessary to resolve the underlying violent dynamics, especially in matters of inequity and discrimination, leaving the door open for future violence. Little progress has been made in addressing economic, social, cultural, and environmental rights violations, and insufficient attention has been paid to gender and ethnic discrimination. Where progress has been made in areas such as land restitution and participation, it has been limited by a lack of coordination between the national and local levels, a dearth of political will, and an ensuing failure of implementation. The study demonstrates that pursuing transitional justice in contexts of ongoing violence requires coordination between the justice and security sectors that depends on a holistic view of security and sustainable development. Additionally, it suggests that transitional justice processes have to work in tandem with the institutions set up to more directly address the structural problems of inequity and inequality. Finally, it contends that promoting the rights to truth, justice, reparation, and nonrecurrence requires a strategy to comprehensively address the associated demands and expectations.
Topic:
Reform, Criminal Justice, Memory, Institutions, Peace, Reparations, Gender, Atrocity Prevention, and Truth and Reconciliation
Political Geography:
Colombia and South America

4. Truth and justice initiatives in non-transitional contexts: experiences from Latin America

Author:
Victória Monteiro da Silva Santos
Publication Date:
01-2020
Content Type:
Policy Brief
Institution:
BRICS Policy Center
Abstract:
By tracing concepts such as truth, justice, reparations, and nonrepeats, as well as models such as the International Commission against Impunity, the Interdisciplinary Group of Independent Experts, and the Truth Commission, the article discusses some of the ways in which a diversity actors sought to address and transform the complex patterns of organized violence that routinely impact various Latin American societies.
Topic:
Conflict Resolution, Transitional Justice, Justice, Reconciliation, Truth, and Reparations
Political Geography:
Colombia, Latin America, and Mexico

5. A Mixed Approach to International Crimes: The Retributive and Restorative Justice Procedures of Colombia’s Special Jurisdiction for Peace

Author:
Anna Myriam Roccatello and Elizabeth Rojas
Publication Date:
07-2020
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
In June 2019, ICTJ hosted an intense week of meetings with various members of the SJP, along with former combatants of the Public Forces of Colombia and the Revolutionary Armed Forces of Colombia-People’s Army (FARC-EP), and the victims of Colombia’s conflict. ICTJ Colombia routinely meets with these stakeholders as part of its work, but the aim of this week was to specifically include various international experts on restorative and transitional justice: Professor John Braithwaite, Professor Adolfo Ceretti, Professor Roberto Cornelli, Maria Camila Moreno Múnera, and Anna Myriam Roccatello. This report is the result of these fruitful meeting with the stakeholders in the Colombian peace process. Chapter 1 of this report gives an overview of the SJP’s innovative model, which can be considered a mixed restorative-retributive judicial organ. It also examines the potential value of such a mixed procedural approach, in comparison with the failures of purely retributive justice processes to achieve the specific aims of criminal accountability in a transitional justice context. Chapter 2 examines some of the various challenges for restorative justice in general. For convenience, those challenges have been divided into five categories: victims, perpetrators, judges, communications, and due process. Chapter 3 suggests various principles that the SJP should consider to help realize some of its restorative justice aims, while Chapter 4 suggests some specific procedures that the SJP may implement to achieve those restorative justice principles. Those readers who are familiar with transitional justice, the Colombian peace process, and the SJP may wish to skip Chapters 1 and 2 and move directly to the recommendations in Chapters 3 and 4. Finally, the report concludes with reflections on some challenges of the mixed approach and offers some general suggestions for how to move forward.
Topic:
Reform, Criminal Justice, Institutions, Reparations, and Truth and Reconciliation
Political Geography:
Colombia and South America

6. Building up a peace infrastructure for Colombia: lessons from implementing the Victims Law

Author:
Silke Pfeiffer
Publication Date:
10-2015
Content Type:
Working Paper
Institution:
Norwegian Centre for Conflict Resolution
Abstract:
Whether a potential peace agreement between the Colombian government and the Revolutionary Armed Forces of Colombia will translate into the necessary transformations on the ground will depend, among other things, on the quality and legitimacy of its implementation system. Colombia will need to set up a peace infrastructure that not only facilitates formal compliance, but helps to transform the state, particularly at the local level, as well as citizens’ interactions with it. Tasked with implementing the 2011 Victims and Land Restitution Law, the National System for Comprehensive Attention to and Reparations for Victims provides important lessons for the architects of a future peace infrastructure. In order to have an impact on local dynamics, such an infrastructure will need to be developed in cooperation with regional and local actors and allow a degree of flexibility and autonomy for setting up cooperative spaces, while establishing clear standards and effective accountability systems. In the long run these spaces can only become vehicles for peace and confidence-building if power asymmetries and security risks facing community leaders are addressed. Finally, the success of a peace infrastructure will depend on the degree to which it is woven into existing institutional processes and logics, and manages to introduce good management practices instead of creating parallel, partly competing systems.
Topic:
Infrastructure, Institutionalism, Peace, and Reparations
Political Geography:
Colombia and South America

7. From Principles to Practice: Challenges of Implementing Reparations for Massive Violations in Colombia

Author:
Cristian Correa
Publication Date:
10-2015
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This report examines Colombia’s Victims and Land Restitution Law (2011), which provides comprehensive reparations to conflict victims and restitution to victims of forced displacement who rely on land for their livelihoods – and assesses the challenges of implementing the law under current conditions, which include widespread poverty and ongoing violence. The government has allocated an estimated USD $29 billion to pay for the program, but some question whether it is enough. Complexities in the law also make it difficult to translate principles into action. The report suggests that a more modest approach to providing reparations on a massive scale may be preferable to overselling an effort that continues to leave many victims waiting.
Topic:
Poverty, Displacement, Reparations, Human Rights Violations, and Forced Migration
Political Geography:
Colombia and South America